United States Federal Circuit

The final decision of the Merit Systems Protection Board not to increase the plaintiff's survivor annuity to reflect cost-of-living adjustments is affirmed where the Board correctly interpreted 5 U.S.C. section 8341(g).

Appellate Information

• Decided 10/21/2003
• Published 10/21/2003

Judges

• LOURIE, Circuit Judge., Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Walter W. Moore, Richard Hamlin Attorneys, of Los Angeles, CA, for petitioner.   With him on the brief was Richard F. Hamlin.


• For Appellees:
  
• Michael O'Connell, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   On the brief were David M. Cohen, Director;  James M. Kinsella, Deputy Director;  and Michael F. Kiely, Trial Attorney.   Of counsel on the brief was Paul St. Hillaire, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.